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Buachaill, Barrister

Category: Law

Satisfied Customers: 10944

Experience: Barrister 17 years experience

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I work in the UK and I am here with my partner on

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Hello,I work in the UK and I am here with my partner on a General tier 2 visa. The Visa can be extended for another 3 years in 2016. My partner recently suffered from a mental health issue because of which she was sectioned (section 2) under the mental health act and was discharged in a week. During her initial state of Trauma and severe paranoia, the hospital mentioned that she made an allegation of rape, which she has vehemently denied when she was made aware that this is what was recorded, during a briefing/review by the hospital staff about next steps. She then asked the hospital to immediately rescind the allegation on her behalf because it was completely untrue and obviously misunderstood or wrongfully recorded.There are two issues here 1) my wife being sectioned 2) the allegation of rape against me which was rescinded by my wife immediately after she was made aware of said allegationsThere are two things I would like to understand;1) I would like to understand what kind of impact this will have on the extension of our visa's in the UK2) If an allegation has been rescinded and there is no investigation directed towards me, how does this reflect on my records and back ground checksThe reason I ask is because there was no wrong done and my wife has just been through a horrific experience that is no fault of hers or anybody else's and It would be wrong to be penalised for something that is no fault of hours. I would just like to have all the information i need at handI would really appreciate your advice on this.Many thanks

1. Firstly, any interview your wife had with the psychiatric services whilst being sectioned is subject to patient confidentiality. Accordingly, whilst it can be used for treating her, it cannot be used for any other purpose. So, the treating doctor, has no legal authority to share this video and this allegation with anyone other than the prosecuting authorities to whom any complaint would be made. Secondly, no criminal prosecution is possible based on an interview made whilst someone is being sectioned. By definition they are out of their mind. So no prosecution can be made based on this interview. Thirdly, the Immigration authorities do not consider mental health videos or complaints made whilst sectioned in their assessment of whether to extend your visa. Under the Data Protection Act, this information cannot be sent from the mental health authorities or the prosecuting authorities to the visa authorities. So this information cannot show up in your visa application assessment. You would have to be charged in order for this information to feature in the visa assessment.

2. Finally, as a general principle, the issue of a complaint being made whilst someone was sectioned will not show up in background checks. Again there would need to be sufficient evidence for a prosecution in order that it would feature in any background checks. No information will remain on the police computer in relation to this allegation, nor will there be access to the psychatric video in any checks. Finally, you should realise that these videos or recordings made whilst someone is sectioned is designed to protect the staff from false allegations from the person being sectioned, subsequent to the treatment ending. It is not designed to punish everyone wrongly mentioned in the videos.

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